Assisted Reproductive Technology Law: Methods, Parental Status, Standards of Care, Contracts/Documents

Description

Over seven million American couples are infertile, and now at least one percent of infants each year are conceived through ART. ART presents new and evolving issues with laws that differ from state to state and in some cases, from locality to locality, and which also might have uncertain outcomes. Case law and statutes differ significantly from jurisdiction to jurisdiction, and many courts have yet to address critical questions.

Understanding underlying medical technologies--such as artificial insemination, in vitro fertilization and surrogacy—is critical for the ART practitioner prior to analyzing the legal issues at play. Counsel must ensure that all prerequisites are addressed prior to contract drafting and must map out in advance how parentage will be secured for the intended parents as well as the impact of marriage (or lack of) and divorce. Further, ART practitioners and surrogacy programs may be exposed to liability in some jurisdictions for operating illegally or for negligence and fraud.

Drafting valid agreements and documentation is challenging in this evolving legal and technical environment. Counsel must develop familiarity with various contractual issues and must know the fact patterns to craft appropriate language.

Listen as our panel of ART law experts discuss the technologies and legal issues and provides solutions to the challenges facing practitioners in this field.